VirtusNova Product Terms & Conditions

These VirtusNova Product Terms & Conditions (“Product Terms”) govern Subscriber’s use of and access to the VirtusNova Subscription Services and are incorporated into the agreement in place between the parties with respect to the use of VirtusNova Subscription Services (“Agreement”). Capitalized terms used but not defined in these Product Terms have the meanings given in the Agreement. In the event of any conflict between the Product Terms and the Agreement, the Product Terms prevail and control to the extent necessary to resolve such conflict.

1. VirtusNova Subscription Services. For purposes of these Product Terms, “VirtusNova Subscription Services” shall mean the proprietary subscription services provided by VirtusNova, which include use of VirtusNova’s web-based applications, mobile applications (if applicable), technical support, and Documentation, each corresponding to the plan, features, and support package purchased by Subscriber per an applicable Service Order.

2. Documentation. With respect to the VirtusNova Subscription Services, “Documentation” shall mean the online materials pertaining to the use of the VirtusNova Services available to Subscriber at: https://virtusnova.tawk.help/ or https://help.virtusnova.marketing/, which may be updated from time-to-time.

3. Government Entity Approvals. If Subscriber is a government entity or an entity performing services on behalf of a government entity whose primary function or mission includes conducting surveillance or gathering intelligence, Subscriber may not access X (formerly Twitter) content through the VirtusNova Subscription Services unless otherwise expressly pre-approved by VirtusNova and X. If Subscriber is a government entity or an entity performing services on behalf of a government entity, VirtusNova and X reserve the right to approve each of Subscriber’s (or Subscriber’s Clients’ or Affiliates’) use cases for the VirtusNova Subscription Services, and Subscriber’s failure to obtain such approval may result in suspension and potential termination of the Services pursuant to this section and the Agreement.

4. Inbox Export and Link Sharing. Should Subscriber choose to export a copy of its inbox or share any public or private links via the VirtusNova Subscription Services, Subscriber acknowledges and agrees that VirtusNova is not responsible for, and shall have no liability related to: (a) the security of the information contained in (i) any exported copy of Subscriber’s VirtusNova inbox or (ii) any public or private link shared through the VirtusNova Subscription Services; or (b) compliance obligations with respect to any applicable law of any federal, state, local, or foreign government or political subdivision thereof, including applicable privacy law, arising from or relating to VirtusNova fulfilling Subscriber’s request to (i) export a copy of Subscriber’s VirtusNova inbox or (ii) share any public or private link through the VirtusNova Subscription Services.

5. X (formerly Twitter) Custom Profile. If Subscriber uses this feature, by associating a custom profile image and/or name with a specific X profile, Subscriber acknowledges and agrees that: (i) if an individual is depicted, Subscriber has obtained consent from such individual to display their name and/or likeness in the custom profile; (ii) Subscriber will indicate in the field provided for the individual’s name (e.g., through use of the term “bot”), or in the initial message sent to each X user that the individual is not participating in the conversation; and (iii) Subscriber will comply with all X Terms of Service and other applicable acceptable use policy, terms of use, or any similar policy or terms.

6. AI Features. Subscriber’s use of the products, features, or tools made available to Subscriber as part of the VirtusNova Subscription Services that are powered by artificial intelligence, machine learning, or similar technologies (collectively, “AI Features“) is subject to the additional terms located at https://virtusnova.marketing/legal/virtusnova-ai-features-terms.

7. Mobile Terms. Use of the VirtusNova Web Application on mobile devices requires a compatible browser and device. VirtusNova does not warrant or guarantee that the Web Application will be fully compatible with any mobile device or display correctly on all screen sizes. The Web Application is primarily designed for desktop use, and its responsiveness on mobile devices may vary. Subscriber acknowledges and agrees that VirtusNova may update or modify the Web Application from time to time to improve functionality or performance. These updates may include changes that could affect how the Web Application performs on mobile devices. VirtusNova does not guarantee that any such updates will enhance or maintain mobile responsiveness. Standard carrier data charges may apply when accessing the Web Application through mobile devices. The additional terms and conditions set forth at https://virtusnova.marketing/legal/virtusnova-web-application-responsiveness-terms/ shall apply with respect to the use of the Web Application on mobile devices. For the purposes of these Terms, “Mobile Application” refers solely to the responsive version of the VirtusNova Web Application when accessed via a mobile browser and does not imply the existence of a dedicated mobile application.

8. DPA. The Data Processing Addendum applicable to the VirtusNova Subscription Services is available at https://virtusnova.marketing/legal/virtusnova-data-processing-agreement/, and is incorporated by reference into the Agreement.